Human Rights in Hungary

Human Rights in Hungary

Madam President, earlier this year I chaired a Helsinki Commission hearing on the situation in Hungary. Today, I would like to revisit some of the issues addressed by our witnesses.

Since the April 2010 elections, Hungary has undertaken the most dramatic legal transformation that Europe has seen in decades. A new Constitution was passed with votes of the ruling party alone, and even that has already been amended five times. More than 700 new laws have been passed, including laws on the media, religion, and civic associations. There is a new civil code and a new criminal code. There is an entirely new electoral framework. The magnitude and scope of these changes have understandably put Hungary under a microscope.

At the Helsinki Commission's hearing in March, I examined concerns that these changes have undermined Hungary's system of democratic checks and balances, independence of the judiciary, and freedoms of the media and religion. I also received testimony about rising revisionism and extremism. I heard from Jozsef Szajer, a Member of the European Parliament who represented the Hungarian Government at the hearing. Princeton constitutional law expert Kim Lane Scheppelle, Dr. Paul Shapiro from the U.S. Holocaust Memorial Museum, and Sylvana Habdank-Kolaczkowska from Freedom House presented compelling testimony.

Unfortunately, developments in Hungary remain troubling.

Even though Hungary's religion law was tweaked after the Constitutional Court struck down parts of it, it retains a discriminatory two-tier system. Moreover, the Parliament is empowered with the extraordinary and, for all practical purposes, unreviewable power to decide what is and what is not a religion.

This month, the government announced it is launching an investigation into the Methodist Evangelical Church, a church persecuted during communist times. Today, the Methodist Evangelical Church is known for its outreach to Roma, work with the homeless and is one of the largest charitable organizations in Hungary. As I noted at the Helsinki Commission hearing in March, it is also one of the hundreds of religious groups stripped of official recognition after the passage of Hungary's new religion law.

The church has now complied with submitting the necessary number of supporters required by the law and, as a reply, the government has announced an unidentified "expert'' will conduct an investigation into the church's beliefs and tenets. This step only reinforces fears that parliamentary denial of recognition as a so-called "Accepted Church'' opens the door for further repressive measures.

Veneration of Hungary's wartime regent, Miklos Horthy, along with other anti-Semitic figures such as writer Jozsef Nyiro, continues. In November, a statue of Hungarian Jewish poet Miklos Radnoti, who was killed by Hungarian Nazis at the end of 1944, was rammed with a car and broken in half. At roughly the same time, extremists staged a book burning of his works along with other materials they called "Zionist publications.'' At the beginning of December, two menorahs were vandalized in Budapest.

Reflecting the climate of extremism, more than 160 Hungarian nationals have been found by Canada this year to have a well-founded fear of persecution. Almost all are Romani, but the refugees include an 80-year-old award winning Hungarian Jewish writer who received death threats after writing about anti-Semitism in Hungary, and was stripped of his honorary citizenship of Budapest on an initiative from the far-right Jobbik party, supported by the votes of the ruling Fidesz party.

While there are many who suggest the real problem comes from the extremist opposition party Jobbik, and not the ruling government, it seems that some members of Fidesz have contributed to a rise in intolerance.

I am particularly troubled that the government-created Media Council, consisting entirely of Fidesz delegated members, has threatened ATV--an independent television station--with punitive fines if it again characterizes Jobbik as extremist. If you can't even talk about what is extremist or anti-Semitic in Hungary without facing legal sanctions, how can you combat extremism and anti-Semitism? Moreover, this decision serves to protect Jobbik from critical debate in the advance of next year's elections. Why?

Other new measures further stifle free speech.

Unfortunately, and somewhat shockingly, last month Hungary amended its defamation law to allow for the imposition of prison terms up to 3 years.

The imposition of jail time for speech offenses was a hallmark of the communist era. During the post-communist transition, the Helsinki Commission consistently urged OSCE countries to repeal criminal defamation and insult laws entirely. In 2004, for example, the Helsinki Commission wrote to Minister of Justice Peter Barandy regarding the criminal convictions of Andras Bencsik and Laszlo Attila Bertok.

This new law, raced through under an expedited procedure in the wake of a bi-election controversy in which allegations of voter manipulation were traded, was quickly criticized by the OSCE representative on Freedom of the Media. I share her concerns that these changes to the criminal code may lead to the silencing of critical or differing views in society and are inconsistent with OSCE commitments.

Hungary was once held up as a model of peaceful democratic transition and is situated in a region of Europe where the beacon of freedom is still sought by many today. I hope Hungary will return to a leadership role in the protection of human rights and the promotion of democracy.

This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure.
A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

This hearing, which Rep. Christopher H. Smith (NJ – 04) presided over, focused on how to rectify transgressions against individuals by former totalitarian regimes, which Smith called one of the most challenging issues confronting post-Communist societies in the OSCE region. This specifically related to the wrongful confiscation of property.
Even though some Communist regimes were required by the 1947 Paris Peace Treaty to make restitution of Jewish property, these governments duly ignored such directives. In fact, Communist regimes were infamous for their complete disregard for private property, nationalizing factories, etc. Likewise, more recently, efforts to return property to former owners had been uneven and oftentimes unsuccessful, stymied by complex moral and legal obligations.

briefing

Religious Liberty: The State Church and Minority Faiths

Tuesday, November 28, 1995

Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states.
Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized.

briefing

Religious Liberty in the OSCE: Present and Future

Wednesday, September 27, 1995

Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith.
Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.

briefing

Trade and Investment in Central Europe and the NIS

Monday, July 10, 1995

This briefing was the tenth in a series of briefings covering topics such as U.S. assistance to Central and East Europe and the NIS, and free trade unions. Topics of discussion included the economic aspects of efforts to develop institutional networks between the Central and Eastern European countries and the OSCE and the Western European multilateral structures and the progress that has been made by countries in developing association agreements with the European Union.
Witnesses testifying at this briefing – including Harriet Craig Peterson, President of Cornerstone International Group and Thomas Price, Coordinator for OSCE Affairs for the State Department – evaluated regional issues associated with infrastructure, environment, energy, and border procedures that needed to be addressed to produce a smoother flow of goods from an economic perspective.

briefing

U.S. Assistance to Central and Eastern Europe and the NIS: An Assessment

Friday, February 17, 1995

This briefing discussed the successes achieved and the difficulties encountered on the road to democratic reform and stabilization are reflected throughout Central and Eastern Europe, and evaluated the impact of these factors in the scope and tenor of U.S. assistance programs. Such programs involve assistance to countries throughout the region in democratic institution building, market reform and restructuring, health care improvement, energy efficiency, environmental policy, and housing sector reform.
Witnesses testifying at this briefing addressed the relevance of the crisis in Chechnya, continued conflict in the Balkans, and tensions in various parts of East-Central Europe to United States Interests in the region. They focused on the goals of U.S. assistance to the NIS and East-Central Europe and the effectiveness of current programs in furthering those goals.

Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam.
The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms.
The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general.
Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country.
The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.

publication

Report on the U.S. Helsinki Commission Delegation Visit to Hungary, Yugoslavia, and Albania

Monday, March 04, 1991

The main purpose of the Commission's visit to Budapest was to participate in the Seminar on Parliamentary Responsibility for Economic Development being co-sponsored by the Helsinki Commission, the Hungarian Parliament, the International Foundation for the Survival and Development of Humanity, and the Library of Congress. Additionally, members of the delegation discussed Hungary's current political and economic situation with members of the Alliance of Young Democrats (FIDESZ), leaders of the Gypsy community, and U.S. business representatives.

publication

Parliamentary Elections in the Republic of Hungary

Tuesday, April 03, 1990

After reading through Hungary's complex electoral law this winter, a Hungarian scholar concluded that if he did not yet fully comprehend the mechanics of Hungary's leap to democracy, at least he understood why it had to have been a Hungarian who invented the Rubik's cube. The law was a product of Hungary's first democratic exercise, the roundtable among the ruling Socialist Party, its allied social organizations, and the major opposition parties which together mapped out the transition to a multi-party system. It represented the first of many compromises Hungarian political leaders have made and will continue to make in the transition to democracy.
Common wisdom holds that unlike the situation in other countries in the region, Hungary's reform was masterminded by the ruling Socialist Party. Yet the issues at stake in this election underlined the essential role of the opposition in the 1970s and 1980s in setting the agenda for Hungary's journey to democracy. If massive street demonstrations did not force the ruling party to bend, unrelenting discussion of Hungary's future among the Democratic Opposition, and its sustained impact on public opinion, did. During the past two years, reform-oriented Socialist Party leaders have hustled to get to the right side of the issues, and they have consequently found themselves playing the incongruous role of morticians for the ruling party they helped to nurture.
One of the most remarkable transformations to be witnessed in Hungary over the past year was the new political engagement of people who had associated politics with dirty business all their lives. Candidates who entered the campaign with some ambivalence about the corrupting power of politics quickly shifted their attitudes. Voters who had been forced to participate in electoral charades in the past, or subjected as one Free Democratic representative put it, "to a life of unrelenting Communist Party campaigning," felt that their vote could make a difference this time. Yet some voters who had been forced to participate in electoral charades in the past, or subjected as one Free Democratic representative put it, "to a life of unrelenting Communist Party campaigning," felt that their vote could make a difference this time. Yet some voters objected bitterly to the divisive nature of the campaign, which they attributed to the "arrogance" of the vying parties. At a time when the country needed to pull together, they felt, the parties were tearing communities apart in the run-up to elections.
Yet by the time election day arrived, the parties were pulling together after all. The major parties participated in orchestrating the country's transition with the current government. Rival party representatives staffed local electoral commissions, and worked together elbow-to-elbow to inform voters of procedures and collect and count the votes. The bitterness and personal acrimony between leaders of Hungary's two leading opposition parties, the Hungarian Democratic Forum and Alliance of Free Democrats, melted away -- at least for election day melted away -- at least for election day.

hearing

Paris Human Dimension Meeting: Human Rights in the Helsinki Process

Tuesday, July 18, 1989

This hearing, chaired by Commissioner Steny Hoyer, took place after the first meeting of three 4-week meetings of the Conference of the Human Dimension. These meetings were a function of the Conference on the Security and Cooperation in Europe the first of which took place on June 23, with the 35 member states of the OSCE in attendance. On the U.S.’s part, the goal was to seek greater implementation of the human rights and human contacts provisions of the Helsinki Accords.
The atendees discussed the Vienna Concluding Document of January 1989, continued Soviet and East European violations of the rights of national minorities and religious believers and restrictions on the rights of free assembly, association, expression, and noncompliance with human contacts provisions, and fostering greater respect for human rights and fundamental freedoms.

publication

Reform and Human Rights in Eastern Europe

Thursday, December 01, 1988

During the course of the last several years, tremendous political changes have occurred in Eastern Europe. On the plus side of the ledger, the United States normalized relations with Poland, symbolized by the reinstatement of Poland's Most-Favored-Nation trad­ ing status (MFN) in 1987, following a series of prisoner amnesties and political improvements peaking in 1986. In Hungary, progress has included the introduction of a new passport law, undoubtedly the most liberal in Eastern Europe to date, permitting passport is­ suance according to roughly the same standards as in the West. In the German Democratic Republic, record numbers of people have been permitted to travel and to emigrate.
On the negative side of the ledger, to mention only the most striking case of deterioration, United States relations with Romania have chilled because of that country's progressively poorer human rights performance. This led Romania to renounce its MFN privileges rather than face what promised to be a highly critical as­sessment before the U.S. Congress in 1988. In spite of worldwide condemnation of its policies, Romania has forged ahead with plans to destroy up to half of its approximately 13,000 villages.
All this is painted onto domestic political and economic canvases which can seem alternately diverse and yet uniform, capable of metamorphosis and yet stagnant. In spite of the notable changes, there are few discernible area-wide trends in this geographic region united by its postwar fate.
It is no wonder, then, that East European analysts have been left scratching their heads, trying to make sense out of all that is happening, or -- in some cases -- not happening. One of the traditional questions posed by these analysts involves the degree of influence events in the Soviet Union have on developments in Eastern Europe. The latest angle in this sophisticated guesswork has become the question of what role Mikhail Gorbachev performs in Eastern Europe's own passion play.
Since World War II, Europe from the Baltic to the Black Sea has been the victim of push-me, pull-you politics emanating from Moscow: now racing to catchup with de-Stalinization, now being punished for taking de-Stalinization too far. Today's Eastern Europe seems to continue to walk a poorly defined path between being reactive to events in the Soviet Union, and proactively lead­ing the way to parts unknown. Understanding the changes taking place in the region -- and the opportunities for the West which have arisen as a result of them -- may be more critical now than at any time since the end of World War II.
Consequently, the Helsinki Commission has followed develop­ments in Eastern Europe more closely during the past Congress than ever before. Extensive hearings have been held on virtually every aspect of the Helsinki Accords as they apply to Eastern Europe, drawing on a wide range of experts on East European af­fairs, including renowned scholars, high-ranking government offi­cials, representatives from nongovernmental organizations, and East Europeans speaking from their firsthand experiences.
In addition, the Commission has led congressional delegations to all six East European countries. These unprecedented trips provid­ed Helsinki Commissioners and other Members of Congress with the opportunity to engage government officials in a dialogue on all aspects of the Helsinki Final Act, and to exchange views regarding specific areas of bilateral and multilateral concern. Just as impor­tant were delegation meetings with a wide range of private citi­zens, representing independent and unofficial thinking among the political, religious, and cultural communities. Commission staff del­egations to Poland, Romania, Hungary, and Czechoslovakia have performed important follow-up activities.
The report that follows is based on the information garnered by the Commission's numerous hearings, delegations, and reports. It is an attempt to take that information one step further and, like The Gorbachev Record which precedes it, present a sober, factual analysis of trends in the countries of Eastern Europe. It is hoped that, as a result, we will better understand where and in what ways positive change is taking place in Eastern Europe, and where compliance with the Helsinki Final Act cries for improvement.

publication

Vienna Review Meeting of the CSCE - Phase III and IV

Friday, January 01, 1988

The main activity of the Vienna Meeting throughout Phases III and IV was the presentation and negotiation of proposals for inclu sion in the concluding document of the meeting. The number (more than 160), complexity and controversial nature of many of these propos­als led to the extension of the Vienna Meeting well beyond its target closing date of July 31. These factors, along with other ele­ments such as continuing major shortcomings in the implementa­ tion of existing commitments, are largely responsible for the con­tinuation of the Vienna Meeting into 1988.
The slow pace of progress already evident in Phase II continued through the next phase. Each side defended its own proposals but showed little disposition to begin the process of compromise which could lead to the conclusion of the meeting. The main procedural development during this phase was the appointment of coordina­tors from the neutral and non-aligned states to guide the work of the drafting groups. This development provided greater order and structure for the proceedings but did little to advance the drafting work or to induce compromises.
Other major developments during this phase were the introduc­tion of the long-awaited Western proposal on military security and the tabling of a comprehensive compromise proposed in Basket III by two neutral delegations, Austria and Switzerland. Both propos­als were put forth at the very end of the phase and thus did not have much impact until the next phase.
The Western (NATO) proposal on military security questions was designed as a response to the Eastern proposal which envisioned two main objectives: another round of negotiations on confidence­ and security-building measures (CSBMs) to build upon the success­ful Stockholm meeting and the initiation of negotiations on conven­tional disarmament, both within the same CSCE forum. The West­ern response to this proposal was delayed primarily because of United States and French differences over the connection between the conventional arms negotiations and the CSCE process, the French arguing that the negotiations should be an integral part of the process and the U.S. insisting that they be independent. The issue was resolved by agreement that the negotiations would be "within the framework of the CSCE," but should remain autono­mous.

publication

List of Organizations Involved in Exchange Programs with the Soviet Union and Eastern Europe

Wednesday, October 01, 1986

The Commission developed this report to help in­terested persons and organizations participate in exchange pro­grams with the Soviet Union and the countries of Eastern Europe: Poland, East Germany, Czechoslovakia, Hungary, Romania, and Bulgaria. It lists organizations which conduct exchange programs and other contacts with these countries.
The parties to the Final Act of the Conference on Security and Cooperation in Europe declared their intention to expand cooperation in security, economic, humanitarian, information, culture, and education affairs and to respect and put into practice certain basic principles, including those of human rights. The Final Act was signed in Helsinki on August 1, 1975, by 35 heads of state or govern­ment, including the United States, Canada, and every state in Europe except Albania.
The Commission on Security and Cooperation in Europe (Helsin­ki Commission) was created as an independent government agency in 1976 to monitor compliance with the Final Act and to encourage U.S. governmental and private programs to expand East-West eco­nomic and cultural cooperation and exchange of people and ideas.
In the Final Act, the signatories express the view that cultural exchanges and development of relations in education and science contribute to the strengthening of peace, better mutual under­ standing, and enrichment of the human personality. In the Com­ mission's view, exchange programs with the Soviet bloc countries break down barriers and lessen distrust. They help Americans learn about the views and goals of these societies. Such programs help expose the peoples of these countries to the values and goals of our pluralistic society. Critical to such programs is that Americans are given the opportunity to tell the Soviets and their allies on a personal level about their concern for human rights and fundamental freedoms.

hearing

Update on Raoul Wallenberg

Wednesday, August 03, 1983

This hearing focused on the disappearance of Swedish diplomat Raoul Wallenberg, distinguished diplomat who risked his life to help grant protection to Jewish refugees in Hungary during Nazis occupation. Wallenberg’s whereabouts became unknown when the Soviets liberated Hungary.
Despite Soviet declarations that Mr. Wallenberg died in 1947, many witnesses have contested this claim and have reported that he is in fact in Soviet prison. The Commissioners and the witnesses discussed the U.S. response and what further actions may be needed.